Fresh Look Painters Terms & Conditions of Trade

Fresh Look Painters Limited reserves the right to modify these terms of trade at any time.

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

Acceptance of the contract/quote

Your acceptance should be confirmed in writing however, in the absence of written acceptance you will be bound to these Terms and Conditions if, after receipt of the quote, you provide an oral or written instruction for us to commence the painting work.
We will not be bound by a quote unless such is in writing.

Payment

1. Payments, unless otherwise specified shall be claimed as follows:
• 40% invoiced on commencement of job
• 50% invoiced when 50% of job is completed
• 10% invoiced on completion of job and you are satisfied with the finished product
2. Notwithstanding (1.) an invoice/payment claim may be served when we believe reasonably necessary, having regard to the work we have completed, without restriction upon frequency.
3. If you intend to pay us less than the amount claimed in invoice/payment claim, then you must respond to the invoice/payment claim by providing a payment schedule to us within five (5) calendar days after the date the payment claim is served. Any payment schedule issued by you must comply with the requirements of the Construction Contracts Act 2002 and may only be sent by way of email to: info@freshlookpainters.co.nz
4. If you do not make payment on the Due Date, you will be liable to pay:
   1. default interest at the rate of 2.5% per month, which shall accrue on a daily basis and compound monthly on the total amount outstanding from the Due Date until the date of payment in full; and
   2. any costs incurred with debt collection in the recovery of the debt, including fees, commissions, disbursements and full and actual legal costs (including costs of advocacy) that we incur incidental to enforcement or attempted enforcement of our rights, remedies and powers under these Terms and Conditions.
5. If you fail to pay any amount owing on the Due Date then we shall be entitled to immediately suspend our work without notice and such suspension shall be on the same basis as if it were a suspension under section 24A(2) and (3) of the Construction Contracts Act 2002.
6. These Terms and Conditions remain applicable to all work engaged in by us, now and in the future unless specifically rescinded in writing.

Limitations of liability

In any event should a court or adjudicator find us liable, our maximum aggregate liability to you arising out of any claim for loss or damages, shall not exceed the lesser of: a) the contract price; b) the value of the goods or services which are the subject of the claim; or c) the actual value of the loss you have incurred.Furthermore, we note that while all care is taken around windows and glass, older glass may crack easily as it becomes brittle with age. We will not be liable for any glass that is broken or cracked in the course of the painting work except for that caused due to our negligence.

Warranties

You will notify us of any defects discovered in our workmanship. We will remedy any defective workmanship and at our sole discretion repair or fix any faulty workmanship reported to us in writing within 90 days of completion of the work. We will not be liable for any consequential costs whatsoever arising directly or indirectly out of any defect or failure. This warranty is in addition to any rights you may have as a consumer under the Consumer Guarantees Act 1993 (if applicable).

No warranty is given as to the reappearance of rust. We use Rust Kill Etch Primer and Rust Converter on rust stops. Unless rust is completely removed (which in most cases is impossible) it is possible it will reappear within 6 to 12 months.

No warranty is given in respect of ageing of paint applied. Dark colours generally speed up the ageing process of paint and may cause blistering in a short period of time. Accordingly, we recommend lighter colours be used when choosing bulk colour areas. 

Privacy

We are committed to protecting your privacy in accordance with New Zealand Privacy Principles. We also recognise that when you choose to provide us information about yourself that you trust us to act responsibly.
Full Privacy Policy

Termination

Either party may terminate the contract by immediate notice if the other party materially breaches the contract and neglects to rectify the breach within five (5) working days.

Termination shall not prejudice or affect the accrued rights or claims or liabilities of the parties.

Equipment

Any equipment supplied or hired by us to complete the painting work, shall remain our property. While such equipment is located on your property during the course of the painting work you will:

1. Not attempt to sell, assign, mortgage, sublet, lend or otherwise deal with or part with our equipment or any part thereof;
2. Not alter or make any additions of the equipment, including, but without limitation, alter make any additions to, deface or erase any part thereof, on or in the equipment or in any manner interfere with it;

We will provide reasonable protection for our work and equipment while the work is being carried out but we do not accept responsibility for any damage caused to our work or equipment by anyone not engaged by us or otherwise under our direct control. The repair of any damage to our work and equipment shall be a variation.

Health & Safety

We will perform the painting work in accordance with all relevant health and safety requirements and with any site-specific safety requirements notified to us. You will inform us of any hazards in the workplace to which we may be exposed in working on your premises.
We may refuse to work if we are not satisfied that such work can be completed safely.

Insurance

We carry public insurance cover with State Insurance of 5 million dollars.